OGWUEGBU, JSC (Delivering the Lead Judgment): This is an appeal against the judgment of the Court of Appeal, Port-Harcourt Division delivered on 22nd March, 1994. It involves suit Nos. PHC/9/70 and PHC/ 113/72, which were consolidated by the agreement of both parties. The respondents in this appeal were the plaintiffs in suit No. PHC/9/70 and defendants in suit No. PHC/113/72. After the consolidation, plaintiffs in suit No. PHC/9/70 became plaintiffs in the consolidated suits while the plaintiffs in suit No. PHC/113/72 became defendants and they are the appellants in this court. The defendants lost in the High Court and their appeal to the Court of Appeal was unsuccessful, hence the present appeal. The respondents, as plaintiffs in suit No. PHC/9/70, sued the defendants, claiming the following reliefs in paragraph 23 of their amended statement of claim as follows:-
“(a) A declaration that the plaintiffs are entitled to customary rights of occupancy of adjoining portions of land known…